Divorce in North Carolina is not something to approach on your own. There are complicated rules you must follow and crucial deadlines to meet. Any misstep can have drastic consequences for your future. At the same time, you have so much going on that giving your case proper time and attention is hard. Fortunately, a family law attorney in Wilmington from Marshall & Taylor PLLC can shoulder these burdens for you while more effectively protecting your rights and preparing you for the future.
The Wilmington, NC, divorce lawyers at Marshall & Taylor PLLC know what you’re going through and want to help. Our amazing team includes a lawyer certified in family law by the North Carolina Bar Association, which gives us an edge at the negotiating table and in court. Moreover, our Wilmington family law lawyers take a compassionate and personalized approach to these delicate matters. This is so you know you have a true ally in your corner. Call (919) 833-1040 now or complete our contact form for an initial consultation.
Steps in the North Carolina Divorce Process
Knowing the steps in the North Carolina divorce process can give you an idea of what’s coming and help you prepare. Here are the key steps in a North Carolina divorce case:
- Separation: The North Carolina divorce process begins with a mandatory one-year separation. During this time, both spouses must live apart continuously. Otherwise, they’ll have to start the separation period over. A separation agreement can be crucial during this period to formalize arrangements regarding property distribution, spousal support, and child custody.
- Filing the Divorce Petition: After one year, either spouse can file a complaint with their local family court to officially start the divorce process.
- Serving Divorce Papers: The filing spouse must deliver divorce papers to the other spouse, either through a police officer or certified mail service.
- Response to the Complaint: The receiving spouse has 30 days to respond to the divorce complaint and address any issues or counterclaims.
- Property Division and Support Agreements: Both spouses must address issues like property division, spousal support, and child custody before the divorce can conclude.
- Mediation: If spouses can’t agree on the divorce terms, they usually must go through mediation before resorting to a trial. Mediation provides a neutral setting for spouses to resolve their disputes.
- Court Hearing (if needed): If mediation fails, the case may go to trial. During the trial, each spouse presents their case, and the judge decides on issues like custody and child support. The judge may also issue a child support order as part of the divorce decree.
- Divorce Judgment: Once all the crucial issues are resolved, the judge issues a divorce decree. This court order finalizes the divorce and legally ends the marriage.
- Post-Divorce Modifications: If necessary, either spouse can request modifications to custody, support, or other divorce terms in response to significant life changes.
Divorce Cases We Handle in Wilmington, NC
Our family law attorneys in Wilmington can help you with many issues you might face, including:
Contested Divorce
If you and your spouse can’t agree on key issues, our family law lawyers in Wilmington can guide you through the contested divorce process. We’ll represent you in court and protect your interests regarding matters like property division, custody, and alimony support.
Uncontested Divorce
In an uncontested divorce, both spouses agree on all terms. We can simplify the process and help you finalize your divorce quickly while ensuring you meet all the legal requirements.
Collaborative Divorce
For couples open to working together, collaborative divorce is a useful and quicker option. Our lawyers can work with you and your spouse to resolve issues out of court, saving you time and money.
Mediated Divorce
Mediation involves structured sessions with a neutral third party to help resolve disputes with your spouse. We can guide you through this process and help you negotiate fair terms for custody, property division, and alimony.
Separation
If you’re considering separation, our attorneys can help you formalize arrangements with your spouse regarding finances, housing, and child custody. Separation agreements can help formalize these arrangements during the separation period, providing clarity and legal support to navigate the complexities of family-related issues.
Child Custody
We can work to establish a custody plan that respects your parental rights while creating a stable environment for your children.
Child Support
Our attorneys can advocate for an arrangement that covers your children’s needs without creating unfair burdens for either parent. Significant life changes can necessitate a reassessment of child support payments, ensuring that the financial agreements remain fair and relevant. Additionally, individuals required to pay child support often face various obligations and challenges, and our legal support can assist in navigating these complexities.
Alimony
We can fight on your behalf for a fair alimony arrangement, whether you are seeking alimony or providing it.
Property Division
We can help you identify and protect your share of your marital assets to protect your financial future.
Alternative Dispute Resolution
For those looking to avoid court, we offer alternative dispute resolution methods like mediation and collaboration. Legal help can assist clients in navigating these methods, empowering them with confidence in their legal rights.
Domestic Violence and Restraining Orders
If you’re worried about your safety, we can assist you with obtaining protective orders and addressing related legal issues.
Getting to Our Wilmington Law Office
While we can travel to meet you and discuss your case, here are a few ways to reach our office:
By Car:
- From Downtown Wilmington: Head north on Market Street (US-17) for about 5 miles. Turn right onto Military Cutoff Road. After approximately 1 mile, you’ll find our office on the right, just past the Mayfaire Town Center.
- From Wrightsville Beach: Take Eastwood Road (US-74) west toward Wilmington. Turn right onto Military Cutoff Road. Continue for about 2 miles; our office will be on the left, shortly after passing the Landfall Shopping Center.
By Public Transportation:
Wave Transit operates several bus routes that service the Military Cutoff area. Route 103 has stops near Mayfaire Town Center, a short walk from our office. For the most current schedules and routes, please visit the Wave Transit website.
By Bicycle or Walking:
The Cross-City Trail offers a convenient route for cyclists and pedestrians. Exit the trail near Eastwood Road and Military Cutoff Road. From there, head north on Military Cutoff Road for about 1 mile to reach our office.
How Our Wilmington, NC, Divorce Lawyers Can Help You
At Marshall & Taylor PLLC, we understand the challenges of divorce and can help protect your interests at every step. We’ll guide you through each phase, from filing the initial paperwork to negotiating custody, support, and property division. Our team can help gather evidence and financial records to ensure a fair division of assets and protect your financial future. If you and your spouse disagree on custody issues, we can advocate for an arrangement that serves the best interest of your children. Our Wilmington family law attorneys will also handle communication with your spouse’s legal team, reducing your stress and keeping you focused on moving forward.
Our family law attorneys in Wilmington, NC have extensive experience in handling a wide range of family law cases, including divorce, custody, and adoption, ensuring comprehensive representation. With our experience and dedication, we’re committed to helping you reach a favorable resolution in your Wilmington divorce. Call Marshall & Taylor PLLC today at (919) 833-1040 or reach out online for a confidential consultation.